Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer."
This would include asserting that the debt collector cannot accept partial payments when they have been authorized.
[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP] Subject: False or Misleading Misrepresentation in Collection Activities — Assertion of Inability to Accept Partial Payments Dear [Debt Collector's Name], I am writing this letter to bring to your attention the false or misleading misrepresentations and deceptive practices that I have come across during our debt collection activities, specifically in relation to your assertion that you cannot accept partial payments. I believe that this statement is inaccurate and misleading, as per the provisions of the Fair Debt Collection Practices Act (FD CPA) and the Consumer Financial Protection Bureau guidelines. According to the FD CPA, debt collectors are obligated to provide consumers with accurate and truthful information regarding their debt obligations. By asserting that you cannot accept partial payments, it appears that you are engaging in false representation, which could mislead consumers like myself into believing that they have no other options but to pay the full amount outright. It is important to emphasize that under the FD CPA, debt collectors are typically allowed to accept partial payments from consumers. This option can be a reasonable solution for both parties involved, as it allows for the gradual repayment of the outstanding debt while also indicating the consumer's genuine intention to fulfill their obligations. Given the aforementioned provisions, I request that you rectify this false representation in all future collection activities concerning my account. I also kindly ask you to provide me with detailed documentation confirming this correction and assuring me that I can, in fact, initiate partial payment arrangements to settle this debt. Failure to address this issue, rectify the false representation, and provide the requested documentation within [reasonable timeframe, e.g., 30 days] from the receipt of this letter may compel me to take appropriate legal action to protect my rights as a consumer under the FD CPA. Please consider this letter as a formal notice of the false or misleading misrepresentations made in relation to your collection activities, specifically regarding the assertion of the inability to accept partial payments. I trust that you will take prompt action to resolve this matter to avoid any further escalation or legal disputes. I would appreciate receiving your response in writing within [reasonable timeframe, e.g., 14 days] to address the concerns raised in this letter. Correspondence should be sent to the address listed at the top of this letter or via [preferred contact method]. Thank you for your immediate attention to this matter. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debt Collector's Name] [Debt Collection Agency's Name] [Debt Collection Agency's Address] [City, State, ZIP] Subject: False or Misleading Misrepresentation in Collection Activities — Assertion of Inability to Accept Partial Payments Dear [Debt Collector's Name], I am writing this letter to bring to your attention the false or misleading misrepresentations and deceptive practices that I have come across during our debt collection activities, specifically in relation to your assertion that you cannot accept partial payments. I believe that this statement is inaccurate and misleading, as per the provisions of the Fair Debt Collection Practices Act (FD CPA) and the Consumer Financial Protection Bureau guidelines. According to the FD CPA, debt collectors are obligated to provide consumers with accurate and truthful information regarding their debt obligations. By asserting that you cannot accept partial payments, it appears that you are engaging in false representation, which could mislead consumers like myself into believing that they have no other options but to pay the full amount outright. It is important to emphasize that under the FD CPA, debt collectors are typically allowed to accept partial payments from consumers. This option can be a reasonable solution for both parties involved, as it allows for the gradual repayment of the outstanding debt while also indicating the consumer's genuine intention to fulfill their obligations. Given the aforementioned provisions, I request that you rectify this false representation in all future collection activities concerning my account. I also kindly ask you to provide me with detailed documentation confirming this correction and assuring me that I can, in fact, initiate partial payment arrangements to settle this debt. Failure to address this issue, rectify the false representation, and provide the requested documentation within [reasonable timeframe, e.g., 30 days] from the receipt of this letter may compel me to take appropriate legal action to protect my rights as a consumer under the FD CPA. Please consider this letter as a formal notice of the false or misleading misrepresentations made in relation to your collection activities, specifically regarding the assertion of the inability to accept partial payments. I trust that you will take prompt action to resolve this matter to avoid any further escalation or legal disputes. I would appreciate receiving your response in writing within [reasonable timeframe, e.g., 14 days] to address the concerns raised in this letter. Correspondence should be sent to the address listed at the top of this letter or via [preferred contact method]. Thank you for your immediate attention to this matter. Sincerely, [Your Name]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
